GAJINI MOHAMMED AND LALITHA RAJAN Vs. DISTRICT COLLECTOR; PRESIDENT, SAKKARAKKOTTAI VILLAGE PANCHAYAT AND LALITHARAJAN

JUDGEMENT

(1.) Writ Petition No. 7125 of 2007 is filed by Gajini Mohammed, challenging the impugned proceedings in Na.Ka.A4/1208/2006 dated 20.05.2006 and Writ Petition No. 7531 of 2007 is filed by Lalitha Rajan seeking consequential relief of directing the respondents to remove the illegal construction put up in S. No. 421/2, Vani Village, Sakkarakottai Group, Ramanathapuram Taluk and District pursuant to the aforesaid impugned proceedings issued by the first respondent.

(2.) The petitioner in W.P. No. 7125 of 2007 would contend that he is the absolute owner of the property in S. No. 421/4 measuring 45 cents by virtue of the settlement deed dated 13.10.2004 executed by his father. He applied for plan approval. His father who was the then President having verified all the documents gave approval of the plan submitted by the petitioner. The suit for bare injunction in O.S. No. 27 of 2005 filed by the petitioner was withdrawn, since the third respondent herein filed a counter accepting the possession of the petitioner. The suit filed for declaration of title by the third respondent in O.S. No. 11 of 2006 is still pending disposal before the learned Subordinate Judge, Ramanathapuram.

(3.) It is further contended by the petitioner in W.P. No. 7125 of 2007 that the third respondent herein having submitted a petition to the Revenue Divisional Officer, Ramanathapuram moved a writ petition in W.P. No. 1072 of 2006 before this Court and obtained therein a direction to consider her representation. The first respondent, the District Collector, has passed the impugned order without even giving any notice to the petitioner. The first respondent has got no power or jurisdiction to cancel the plan permission already granted when a suit is pending before the Civil Court concerned. Hence the petitioner sought for quashing the impugned proceedings issued by the first respondent.